I. BACKGROUND

On November 29, 2000, Intervenor Californians for Renewable Energy (CARE) filed a "Motion to Disapprove or Rescind the Application for Certification of the Metcalf Energy Center." On the same date, Intervenor Ajlouny filed an essentially identical motion. Both Motions request that, based on recent land use decisions by the City of San Jose, "...the Commission disapprove or rescind the Application for Certification of the Metcalf Energy Center."

We have consolidated the Motions for purposes of this Ruling.

II. DISCUSSION

We addressed this matter at the November 30, 2000 Prehearing Conference. Applicant has presently chosen to proceed with the licensing process. Absent its indication to the contrary, or failure to proceed with due diligence, Applicant is entitled to a decision on the merits of its proposal.